The Ordeal of the Folkes Family

In a startling turn of events, a couple from Brampton, Ontario, has finally regained possession of their property after a tenant refused to pay rent or utilities for a staggering 11 months. The couple's ordeal, which started nearly a year ago, highlights the alarming challenges landlords face within the provincial rental system.

Relief for Yvonne Folkes

Yvonne Folkes expressed her relief on reclaiming her home, describing it as "a clean slate" for her and her husband. The couple initially notified their tenant in writing about their intention to move back into their home, a decision that prompted the tenant to stop paying his $3,200 monthly rent and utilities while stubbornly refusing to vacate the property.

Financial and Emotional Strain

“This situation was incredibly taxing,” Folkes recounted, sharing how they struggled to maintain their mortgage while being unable to receive any rental income. “It was just very hard. Financially stressful, mentally, physically, emotionally—everything,” she added. The property was their only rental, located just blocks from their current residence.

The Tenant's Combative Response

The tenant, Hermann Founiapte Dakono, a previously reliable renter, turned combative upon receiving notice to leave. In an unexpected twist, he even called the police when a news crew filmed outside his residence, arguing that he was entitled to stay until his family moved into a new home in Hamilton.

Delaying Tactics and Legal Struggles

The situation escalated as Founiapte employed various delaying tactics, including demands for hearings in French, despite communicating with Folkes in English. Paralegal Joey Rizzuto, who represented the Folkes, stated that these maneuvers were unfortunately permitted by the Landlord and Tenant Board, which left the couple vulnerable to drawn-out proceedings.

Navigating the System

“Someone who knows how to navigate the system can delay the process significantly,” Rizzuto explained. Even after receiving an eviction order effective September 20, it was likely Founiapte could have continued living rent-free for several more months due to the backlog of eviction cases in Peel Region.

Eviction Order and Moving Out

Just as the eviction order was about to be enforced, Founiapte finally opted to move out voluntarily, claiming he did so because his new home was ready. He has since insinuated he might pursue claims against the couple, stating, “She [Folkes] didn’t do what she’s supposed to do as a landlord.”

Outstanding Debts

As for the approximately $32,000 owed in unpaid rent and utility bills, Founiapte said he would comply with any orders to pay if mandated.

Calls for Reform

This harrowing experience has led Folkes to call for significant reforms within Ontario’s landlord-tenant laws. "The system needs to change a lot," she said, advocating for a more balanced approach that protects landlords from similar predicaments.

A Growing Issue

The saga reflects a growing issue in the region, with many landlords feeling trapped by tenants who exploit legal loopholes. As the housing market continues to shift, both tenants and landlords find themselves navigating complex and often frustrating legal waters. Will reform ever happen, or are landlords destined to battle with the system endlessly? One thing is certain—this story is far from over!